Detailed Answer: How probate without administration can transfer real property in New Mexico

Short answer: In New Mexico, you generally must have a will admitted to probate or obtain a court order to transfer title to real property that was owned solely by a deceased person. When there is no need for a personal representative to collect assets and pay creditors, the court can admit the will and issue an order that allows the devisee(s) to record a copy in the county land records so title passes. This path is often called probate without administration (or a probate to transfer real property), and it is a streamlined alternative to a full administration. This is a general explanation only and not legal advice.

What “probate without administration” means in practice

Probate is the court process that establishes a will’s validity and determines who can legally transfer the decedent’s assets. “Administration” normally means the appointment of a personal representative (executor or administrator) who collects assets, pays creditors, and distributes what remains. “Probate without administration” describes circumstances where the court admits a will and directly recognizes the devisees without appointing a representative to run a full estate administration—because there is nothing for a representative to administer (for example, the estate consists only of real property that the will devises, and there are no debts that require a representative to be appointed).

When probate without administration is an option in New Mexico

• There is a valid will that disposes of the real property.
• The decedent’s estate does not require a personal representative to collect and liquidate other assets to pay debts (for example, there are no significant personal property assets or outstanding claims that require administration).
• No one objects to admitting the will or to the use of a simplified transfer procedure.
• The court is satisfied that the devisee(s) named in the will are entitled to the property and that creditors will not be prejudiced by skipping full administration.

Typical steps to obtain a title transfer by probate without administration

1. Locate the original will and the decedent’s death certificate.
2. File a petition in the probate court in the county where the decedent lived (or where the property is located, depending on local rules) asking the court to admit the will to probate and, where appropriate, to enter an order that permits transfer of the real property without formal administration. The petition typically identifies the property and the devisee(s).
3. Provide notice to interested persons (heirs, beneficiaries, creditors) according to New Mexico probate rules so parties have a chance to object. The court may require published notice as well.
4. If there is no objection and the court is satisfied, the judge will admit the will and enter an order (often styled an “order admitting will to probate and directing transfer of real property” or similar). That order typically states who takes the property and may include a direction that a certified copy may be filed in the county recorder/land records office to effectuate title transfer.
5. Record a certified copy of the probate order (and sometimes a certified copy of the will) in the county clerk/recorder’s office where the property is located. Recording the court order is the usual step that completes the change of title in the public records.

Key practical points and pitfalls

• Recording requirements: Title companies and county recorders usually expect a certified copy of the court order admitting the will and authorizing transfer. You cannot clear title simply by handing a handwritten note to the recorder.
• Mortgages and liens remain: A recorded order that transfers ownership does not automatically remove mortgages, liens, or taxes that encumber the real property. The new owner may need to deal with outstanding mortgages or get title insurance if planning to sell or refinance.
• Creditors: If the estate has unpaid debts, creditors may try to assert claims. A court will consider creditor protection when deciding whether to permit transfer without administration.
• Contests: If any person entitled to notice objects to admitting the will or to the simplified transfer, the court may require formal administration and the appointment of a personal representative.
• Title problems: If clear chain-of-title is important (for sale or mortgage), title companies often require additional affidavits, cure of defects, or a quiet-title action rather than relying only on a probate order.

How long does it take and what does it cost?

Timing and fees vary by county and complexity. A straightforward probate to admit a will and direct transfer can often be completed in a few weeks to a few months, largely because the court must allow time for notice and potential objections. Fees include court filing fees and recording fees; if you hire an attorney, expect additional fees. In contested or complex matters the timeline and costs rise substantially.

Where to look in the law and where to get forms

The New Mexico probate statutes and court procedural rules govern these matters. For statutory text and local procedural forms, consult official New Mexico resources:

• New Mexico Legislature — Laws and Statutes: https://www.nmlegis.gov/
• New Mexico Courts — Self-help and probate information (forms, local procedures): https://nmcourts.gov/self-help/probate/
• County clerk/recorder website for the county where the property is located (for recording requirements and fees).

When you should talk to an attorney

Talk to a New Mexico probate attorney if:

• The decedent had debts, complex assets, or a mortgage on the property.
• The will is contested or you expect disagreements among heirs.
• You need to be sure the title will be marketable for sale or refinancing.
• Multiple parcels in different counties are involved.

Disclaimer: This article is educational only and does not provide legal advice. Laws change and each case has unique facts. Consult a licensed New Mexico attorney before relying on this information or taking action.

Helpful Hints

• Start by locating the original will and an official death certificate before you file anything.
• Check whether the decedent used a transfer-on-death deed or had the property in joint tenancy—those can avoid probate entirely.
• File the probate petition in the correct county: typically where the decedent lived; if real property issues exist, confirm county-specific rules where the land sits.
• Provide accurate legal descriptions of the property; a county assessor or deed can supply the description used for recording.
• If you plan to sell soon, speak with a title company early—title insurance requirements can affect what documents or court orders you need.
• Keep good notice records: proofs of service and published notices are important if questions arise later.
• When in doubt, hire counsel for a short consult to confirm whether probate without administration is appropriate for your facts.